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WORKING PARTY ON THE ACCESSION OF VIET NAM TO WTO

RESTRICTED

WORLD TRADE

WT/ACC/VNM/48/Add.2
27 October 2006

ORGANIZATION

(06-5203)

Working Party on the
Accession of Viet Nam

WORKING PARTY ON THE ACCESSION OF VIET NAM
Schedule CLX – Viet Nam
Part II - Schedule of Specific Commitments in Services
List of Article II MFN Exemptions
As indicated in paragraph 528 of the Report of the Working Party on the Accession of Viet
Nam (WT/ACC/VNM/48), the Schedule of Specific Commitments in Services resulting from the
negotiations between the Socialist Republic of Viet Nam and WTO Members is annexed to the

Protocol of Accession of the Socialist Republic of Viet Nam and is reproduced hereunder.


Additional Commitments

The conditions of ownership,
operation and juridical form and
scope of activities as set out in the
respective licenses or other form of
approval establishing or authorizing
the operation or supply of services
by an existing foreign service
supplier shall not be made more
restrictive than they exist as of the
date of Viet Nam's accession to the
WTO.
1

Business co-operation contract is a document which is signed by two or more parties (of which at least one party must be Vietnamese legal entity and one party must be
foreign legal entity) and which stipulates the responsibilities of, and the sharing of business results between, the parties for the purpose of conducting investment and business in
Viet Nam without creating a legal entity.
2
Representative office is a subordinate unit of foreign enterprises, established under the Vietnamese law in order to seek, promote trade and tourism opportunities but is
not allowed to engage in any direct profit-making activities.

WT/ACC/VNM/48/Add.2
Page 2

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
I. HORIZONTAL COMMITMENTS
ALL SECTORS INCLUDED IN THIS
(3) None, except:
(3) None, except:
SCHEDULE
Unless otherwise specified in each
Eligibility for subsidies may be
specific sector or sub-sector of this

limited to Vietnamese service
Schedule, foreign enterprises are
suppliers, i.e. to juridical persons
allowed to establish commercial
established within the territory of
presence in Viet Nam in the form of
Viet Nam, or a part thereof. The
business co-operation contract1,
granting of one-time subsidization
joint venture enterprise, 100%
to promote and facilitate the process
foreign-invested enterprise.
of equitisation is not in breach of
this commitment. Unbound for
Representative offices of foreign
subsidies for Research and
service suppliers are permitted to be
Development. Unbound for
established in Viet Nam, but they
subsidies in the Health, Education
shall not engage in any direct profitand Audio-visual sectors. Unbound
making activities2.
for subsidies aimed at promoting the
welfare and employment of ethnic
Unless otherwise indicated in each
minorities.
specific sector or sub-sector of this
Schedule, the establishment of
branches is unbound.


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
Foreign-invested enterprises shall
be permitted by competent
authorities of Viet Nam to lease the
land to carry out their investment
projects. The land leasing period
shall correspond to the time of
operation of those enterprises and
shall be stipulated in their
investment licenses and shall be
extended whenever the time of
operation of those enterprises is
extended by competent authorities.

Additional Commitments

Foreign service suppliers are
permitted to make capital
contribution in the form of buying
shares of Viet Nam's enterprises. In
this case, the total equity held by
foreign investors in each enterprise
may not exceed 30% of the
enterprise's chartered capital unless
otherwise provided by Viet Nam's
laws or authorized by Viet Nam's
competent authority.

WT/ACC/VNM/48/Add.2
Page 3

One year after accession, the 30%
foreign equity limitation for
acquisition of Vietnamese
enterprises shall be eliminated,
except for capital contribution in
the form of buying shares of jointstock commercial banks, and except
for the sectors not committed in this
Schedule. For the other sectors and
sub-sectors committed in this
Schedule, the level of equity held
by foreign investors in acquisition
of Vietnamese enterprises shall be
corresponding to the limitations on
foreign capital participation set
forth therein, if any, including the


(4) Unbound, except measures relating
to entry and temporary stay of
natural persons who fall in one of
the following categories:
(a)

Intra-corporate transferees
Managers, executives and
specialists, as defined hereunder, of
a foreign enterprise which has
established a commercial presence
in the territory of Viet Nam,
temporarily moving as intracorporate transferees to that
commercial presence and who have
been previously employed by the
foreign enterprise for at least one
year, shall be granted entry and a
stay permit for an initial period of
three years which may be extended
subject to the term of operation of
those entities in Viet Nam. At least
20% of the total number of
managers, executives and
specialists shall be Vietnamese
nationals. However, a minimum of
3 non-Vietnamese managers,
executives and specialists shall be
permitted per enterprise.
Managers and executives are those
who primarily direct the
management of the foreign
enterprises which have established
commercial presence in Viet Nam,
receiving only general supervision
or direction from the board of

(4) Unbound, except as indicated in
market access column.

Additional Commitments

WT/ACC/VNM/48/Add.2
Page 4

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
limitations in the form of
transitional periods, where
applicable.


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
directors or stockholders of the
business or their equivalent,
including directing the
establishment or a department or
subdivision of the establishment,
supervising and controlling the
work of other supervisory,
professional or managerial
employees, having the authority
personally to hire and fire or
recommend hiring, firing or other
personnel actions, and who do not
directly perform tasks concerning
the actual supply of the services of
the establishment.

WT/ACC/VNM/48/Add.2
Page 5

Specialists are natural persons
working within an organization who
possess knowledge at an advanced
level of expertise and with
knowledge of the organization's
services, research equipment,
techniques or management. In
assessing such knowledge, account
will be taken not only of knowledge
specific to the commercial
presence, but also of whether the
person has a high level of skills or
qualification referring to a type of
work or trade requiring specific
technical knowledge. Specialists
may include, but are not limited to,
members of licensed professions.

Additional Commitments


Managers, executives and
specialists, as defined in (a) above,
who cannot be substituted by
Vietnamese and who are employed
outside Viet Nam's territory by a
foreign enterprise which has
established a commercial presence
in the territory of Viet Nam with a
view to participating in the foreign
enterprise's activities in Viet Nam,
shall be granted entry and a stay
permit in conformity with the term
of the concerned employment
contract or for an initial period of
three years whichever is shorter,
which may be extended subject to
the employment contract between
them and the commercial presence.
(c)

Service sales persons
Persons not based in the territory of
Viet Nam and receiving no
remuneration from a source located
within Viet Nam, and who are
engaged in activities related to
representing a service provider for
the purpose of negotiating for the
sale of the services of that provider
where: (i) such sales are not
directly made to the general public;
and (ii) the salesperson is not
directly engaged in supplying the
service. The stay of these
salespersons is limited to a 90-day
period.

Additional Commitments

WT/ACC/VNM/48/Add.2
Page 6

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(b) Other personnel


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(d) Persons responsible for setting up a
commercial presence

Additional Commitments

Managers and executives (as
defined in (a) above) within a
juridical person, who are
responsible for the setting up, in
Viet Nam, of a commercial
presence of a service provider of a
Member when (i) these people are
not engaged in making direct sales
or supplying services; and (ii) the
service provider has its principal
place of business in the territory of
a WTO Member other than
Viet Nam and has no other
commercial presence in Viet Nam.
The stay of these persons is limited
to a 90-day period.
(e)

Contractual service suppliers (CSS)

-

The foreign enterprise has
obtained a service contract
from a Vietnamese enterprise
engaged in business operation
in Viet Nam. The competent
authority of Viet Nam must be
able to establish the necessary
procedures to guarantee the
bona fide character of the

WT/ACC/VNM/48/Add.2
Page 7

Natural persons who are employees
of a foreign enterprise having no
commercial presence in Viet Nam
may enter and stay in Viet Nam for
a period of 90 days or for the
duration of the contract, whichever
is less provided that the following
conditions and requirements shall
be applied:


The entry of these persons is allowed for
computer and related services
(CP 841-845, 849) and engineering
services (CPC 8672).

Additional Commitments

WT/ACC/VNM/48/Add.2
Page 8

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
contract.
These persons must possess:
(a) a university degree or a
technical qualification
document demonstrating
knowledge of an equivalent
level; (b) professional
qualifications where this is
required to exercise an activity
in the sector concerned
pursuant to the laws and
regulations of Viet Nam; and
(c) at least 5 years of
professional experience in the
sector.
The number of these persons
covered by the service contract
shall not be larger than
necessary to fulfil the contract,
as it may be decided by the
laws and regulations and
requirement of Viet Nam.
These persons should have
been employed by the foreign
enterprise having no
commercial presence in
Viet Nam for a period of no
less than 2 years and have met
the requirements prescribed for
"specialist" above.


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
II. SECTOR-SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
(a) Legal services
(1) None.
(1) None.
(CPC 861, excluding:
(2) None.
(2) None.
(3) Foreign lawyers organizations3 are
(3) None.
participation in legal
permitted to establish commercial
proceedings in the capacity of
presence in Viet Nam in the
defenders or representatives of
following forms:
their clients before the courts
of Viet Nam;
- Branches of foreign lawyers
legal documentation and
organizations;
certification services of the
- Subsidiaries of foreign lawyers
laws of Viet Nam)
organizations;
- Foreign law firms4;
- Partnerships between foreign
lawyers organizations and
Viet Nam's law partnerships.

Additional Commitments

Commercial presences of foreign
lawyers organizations are permitted
to make consultations on
Vietnamese laws if the consulting
lawyers have graduated from a
Vietnamese law college and satisfy
requirements applied to like
Vietnamese law practitioners.

3

(4) Unbound, except as indicated in the
horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound, except as indicated in the
horizontal section.

A "foreign lawyers organization" is an organization of practicing lawyers established in any commercial corporate form in a foreign country (including firms,
companies, corporations, etc.) by one or more foreign lawyers or law firms.
4
Foreign law firm is an organization established in Viet Nam by one or more foreign lawyers organizations for the purpose of practicing law in Viet Nam.

WT/ACC/VNM/48/Add.2
Page 9

(b) Accounting and auditing and
bookkeeping services
(CPC 862)

(4) Unbound, except as indicated in the
horizontal section.
(1) None.
(2) None.
(3) None.
(4) Unbound, except as indicated in the
horizontal section.


Additional Commitments

For the period of 1 year from the
date of accession, the licensing shall
be made on the case by case basis
and the number of service providers
shall be decided by Ministry of
Finance subject to the need and
development scope of Viet Nam's
market5.
For the period of 1 year from the
date of accession, foreign-invested
enterprises providing taxation
services are only permitted to
supply services to foreign-invested
enterprises and foreign funded
projects in Viet Nam.

(d) Architectural services
(CPC 8671)

(4) Unbound, except as indicated in the
horizontal section.
(1) None.
(2) None.
(3) None, except:

(4) Unbound, except as indicated in the
horizontal section.
(1) None.
(2) None.
(3) None.

For the period of 2 years from the
date of WTO accession, 100%
foreign-invested enterprises may
only provide services to foreigninvested enterprises in Viet Nam.
Foreign enterprises have to be
juridical persons of a WTO
Member.
(4) Unbound, except as indicated in the
horizontal section.
5

(4) Unbound, except as indicated in the
horizontal section.

The main criteria include the number and the operation of enterprises in the market and their impact on the stability of the market and the economy.

WT/ACC/VNM/48/Add.2
Page 10

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(c) Taxation services
(1) None.
(1) None.
(CPC 863)
(2) None.
(2) None.
(3) None, except:
(3) None.


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(e) Engineering services
(1) None.
(1) None.
(CPC 8672)
(2) None.
(2) None.
(3) None, except:
(3) None, except:
(f) Integrated engineering services
(CPC 8673)
For the period of 2 years from the
The supply of services related to
date of WTO accession, 100%
topographical, geotechnical, hydro
foreign-invested enterprises may
geological and environmental
only provide services to foreignsurveys and technical surveys for
invested enterprises in Viet Nam.
urban-rural development planning,
Foreign enterprises have to be
sectoral development planning are
juridical persons of a WTO
subject to the authorization of the
Member.
Government of Viet Nam6.
(4) Unbound, except as indicated in the
horizontal section.

Additional Commitments

(4) Unbound, except as indicated in the
horizontal section.

WT/ACC/VNM/48/Add.2
Page 11

6

For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national security and public order reasons that would be
justified under Article XIV and Article XIV bis of the GATS.


7

Additional Commitments

For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national security and public order reasons that would be
justified under Article XIV and Article XIV bis of the GATS.
8
Excluding keeping micro-organism strain for veterinary.

WT/ACC/VNM/48/Add.2
Page 12

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(g) Urban planning and urban landscape (1) None.
(1) None, except the service must be
architectural services
authenticated by an architect who
(CPC 8674)
has appropriate practicing certificate
working in a Vietnamese
architectural organization which has
juridical entity status, and comply
with relevant laws and regulations
of Viet Nam.
(2) None.
(2) None.
(3) None, except:
(3) None, except the responsible foreign
architects working in foreignAfter 2 years from the date of
invested enterprises must have the
accession, 100% foreign-invested
professional practicing certificate
enterprises may be established.
granted or recognized by the
For the period of 2 years from the
Government of Viet Nam.
date of WTO accession, 100%
In some areas, subject to the
foreign-invested enterprises may
regulations of the Government of
only provide services to foreignViet Nam for national security and
invested enterprises in Viet Nam.
social stability purposes, foreign
Foreign enterprises have to be
service suppliers may not be
juridical persons of a WTO
permitted to provide this service7.
Member.
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section.
horizontal section.
(i) Veterinary services
(1) None.
(1) None.
(CPC 932)8
(2) None.
(2) None.
(3) Access is granted to natural persons (3) None.
exclusively for the conduct of
private professional practice and
under the authorization by the
veterinary authorities.
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section.
horizontal section.


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
B. Computer and Related Services (CPC 841-845, CPC 849)
(1) None.
(1) None.
(2) None.
(2) None.
(3) None, except:
(3) None, except that the chief of the
branch has to be a resident in
For the period of 2 years from the
Viet Nam.
date of WTO accession, 100%
foreign-invested enterprises may
only provide services to foreigninvested enterprises in Viet Nam.

Additional Commitments

After 3 years from the date of
accession, branching is allowed.
(4) Unbound, except as indicated in the
horizontal section.
C.
(a)

9

(1)
(2)
(3)
(4)

None.
None.
None.
Unbound, except as indicated in the
horizontal section.

(1)
(2)
(3)
(4)

None.
None.
None.
Unbound, except as indicated in the
horizontal section.
Unbound, except for industrial
machinery and equipment: None.
None.
Unbound.
Unbound, except as indicated in the
horizontal section.

(1)
(2)
(3)
(4)

Excluding mining and oil field equipment; commercial radio, television and communication equipment.

WT/ACC/VNM/48/Add.2
Page 13

Research and Development Services
R&D services on natural sciences
(1) None.
(CPC 851)
(2) None.
(3) None.
(4) Unbound, except as indicated in the
horizontal section.
E. Rental/Leasing Services without Operators
(b) Relating to aircraft
(1) None.
(CPC 83104)
(2) None.
(3) None.
(4) Unbound, except as indicated in the
horizontal section.
(d) Relating to other machinery and
(1) Unbound, except for industrial
equipment
machinery and equipment9: None.
(CPC 83109)
(2) None.
(3) Unbound.
(4) Unbound, except as indicated in the
horizontal section.

(4) Unbound, except as indicated in the
horizontal section.


(2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Limitations on Market Access
Limitations on National Treatment
(1) None.
(2) None.
(3) None, except:

(1) None.
(2) None.
(3) None.

Upon accession, foreign service
suppliers are permitted to establish
joint venture or business
cooperation contract with
Vietnamese partners who are legally
authorized to do advertising
services.
Upon accession, joint ventures shall
be allowed with foreign capital
contribution not exceeding 51% of
the legal capital of the joint venture.
As of 1 January 2009, there shall be
no limitation on foreign capital
contribution in the joint ventures.

(b) Market research services
(CPC 864, excluding 86402)

(4) Unbound, except as indicated in the
horizontal section.
(1) None.
(2) None.
(3) None, except:

(4) Unbound, except as indicated in the
horizontal section.
(1) None.
(2) None.
(3) None.

Upon accession joint ventures shall
be allowed with foreign capital
contribution not exceeding 51% of
the legal capital of the joint venture.
As of 1 January 2009, 100%
foreign-invested enterprises shall be
permitted.
(4) Unbound, except as indicated in the
horizontal section.

(4) Unbound, except as indicated in the
horizontal section.

Additional Commitments
The advertising for wines and spirits shall
be subject to State regulations, which are
applied on a non-discriminatory basis.

WT/ACC/VNM/48/Add.2
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Mode of delivery: (1) Cross-border supply
Sectors and sub-sectors
F. Other Business Services
(a) Advertising services
(CPC 871, excluding advertising for
cigarettes)


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(c) Management consultant services
(1) None.
(1) None.
(CPC 865)
(2) None.
(2) None.
(3) None.
(3) None, except that the chief of the
After 3 years from the date of
branch has to be a resident in
accession, branching is allowed.
Viet Nam.
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section.
horizontal section.
(d) Services related to management
(1) None.
(1) None.
consulting
(2) None.
(2) None.
(3) None, except that:
(3) None, except that the chief of the
- CPC 866, except CPC 86602
branch has to be a resident in
- Arbitration and conciliation
After 3 years from the date of
Viet Nam.
services for commercial disputes
accession, branching is allowed.
between businesses
(CPC 86602**)
For CPC 866 except CPC 86602:
for the period of 1 year from the
date of accession: only in the form
of joint venture or business
cooperation contract. Thereafter:
none.

Additional Commitments

For Arbitration and conciliation
services for commercial disputes
between businesses (CPC 86602**):
for the period of 3 years from the
date of accession: unbound.
Thereafter: none.
(4) Unbound, except as indicated in the
horizontal section.

WT/ACC/VNM/48/Add.2
Page 15

(4) Unbound, except as indicated in the
horizontal section.


(2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Limitations on Market Access
Limitations on National Treatment
(1) Unbound.
(1) None.
(2) None.
(2) None.
(3) None, except where Viet Nam
(3) None.
allows private suppliers access to a
sector previously closed to private
sector competition on the grounds
that the service had been supplied in
the exercise of governmental
authority, joint ventures to supply
such service shall be allowed
without limitation on foreign
ownership 3 years after such access
to private sector competition is
allowed. Five years after those
private sector services suppliers
have been granted such access:
none.

Additional Commitments

Access to certain geographic areas
may be restricted for national
security reasons.

(f)

Services incidental to agriculture,
hunting and forestry
(CPC 881)10

(4) Unbound, except as indicated in the
horizontal section.
(1) None.
(2) None.
(3) None, except:
Only in the form of joint-venture or
business co-operation contract.
Foreign capital contribution may not
exceed 51% of the legal capital of
the joint venture.
(4) Unbound, except as indicated in the
horizontal section.

10

(4) Unbound, except as indicated in the
horizontal section.
(1) None.
(2) None.
(3) None, except:
Access to certain geographical areas
may be restricted.11

(4) Unbound, except as indicated in the
horizontal section.

Excluding services relating to investigation, evaluation and exploitation for natural forest including exploitation of woods and wild, rare and precious animals hunting
and trapping, aerial photographing, aerial seed planting and aerial chemicals spraying and dusting, micro-bial plant, animal genetic resource in agriculture. For the avoidance of
ambiguity, animal husbandry and the improvement of breeding stock are included in this commitment.

WT/ACC/VNM/48/Add.2
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Mode of delivery: (1) Cross-border supply
Sectors and sub-sectors
(e) Technical testing and analysis
services
(CPC 8676, excluding conformity
testing of transport vehicles and
certification of transport vehicles)


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(h) Services incidental to mining (CPC 883)
1.
2.

Additional Commitments

The commitments specified hereunder are not understood to cover the following activities: supply of equipment, materials and chemicals, supply base services,
offshore/marine support vessels, accommodation and catering, helicopter services.
The commitments specified hereunder are made without prejudice to the rights of the Government of Viet Nam to set out the necessary regulations and procedures to
regulate the oil and gas related activities carried out within the territory or jurisdiction of Viet Nam in full conformity with the rights and obligations of Viet Nam under
the GATS.
(1) None, except: companies without a
(1) None, except as indicated in market
commercial presence may be
access column.
required to be registered with the
competent authority of the
Government of Viet Nam under the
terms outlined in Viet Nam's
applicable laws.
(2) None.
(2) None.
(3) None, except:
(3) None, except as indicated in the
market access column.
Upon accession, joint ventures with
foreign capital contribution not
exceeding 49% shall be permitted.
After 3 years from the date of
accession, this limitation shall be
51%. Two years thereon, 100%
foreign-invested enterprises shall be
permitted.
(4) Unbound, except as indicated in the
horizontal section.

(4) Unbound, except as indicated in the
horizontal section.

WT/ACC/VNM/48/Add.2
Page 17

11

For greater transparency, this allows the maintenance or adoption of limitations or restrictions for national security and public order reasons in accordance with
Article XIV and Article XIV bis of the GATS.


Additional Commitments

After 3 years from the date of
accession, only joint ventures with
foreign capital contribution not
exceeding 50% shall be permitted.
Five years thereon: 100% foreigninvested enterprises shall be
permitted.

(m) Related scientific and technical
consulting services12
(CPC 86751, 86752 and 86753
only)

(4) Unbound, except as indicated in the
horizontal section.
(1) None, except: companies without a
commercial presence may be
required to be registered with the
competent authority of the
Government of Viet Nam under the
terms outlined in Viet Nam's
applicable laws.
(2) None.
(3) None, except:

(4) Unbound, except as indicated in the
horizontal section.
(1) None, except as indicated in the
market access column.

(2) None.
(3) None, except as indicated in the
market access column.

Upon accession, joint ventures with
foreign capital contribution not
exceeding 49% shall be permitted.
After 2 years from the date of
accession, this limitation shall be
51%. Two years thereon, 100%
foreign-invested enterprises shall be
permitted.
(4) Unbound, except as indicated in the
horizontal section.

12

(4) Unbound, except as indicated in the
horizontal section.

The supply of services related to prospecting, surveying, exploration and exploitation is subject to the applicable laws and regulations of Viet Nam.

WT/ACC/VNM/48/Add.2
Page 18

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(i) Services incidental to manufacturing (1) None.
(1) None.
(CPC 884 and 885)
(2) None.
(2) None.
(3) None, except:
(3) Unbound.


Mode of delivery: (1) Cross-border supply
Sectors and sub-sectors
(n) Maintenance and repair of
equipment (not including maritime
vessels, aircraft or other transport
equipment)
(CPC 633)

2.
B.

COMMUNICATION SERVICES
Courier Services (CPC 7512**)

13

(1) None.16
(2) None.
(3) None, except that foreign ownership
in joint ventures may be limited to
51% within the first 5 years after
accession.

(1) None.
(2) None.
(3) None.

Additional Commitments

Services and services suppliers of any
other Member shall be accorded
treatment no less favourable than the
treatment accorded to the Vietnamese
Post Office or its subsidiaries for its
competitive activities.

After 5 years from the date of
accession, 100% foreign-invested
enterprises shall be permitted.
(4) Unbound, except as indicated in the
horizontal section.

(4) Unbound, except as indicated in the
horizontal section.

Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to
addressee, tracing and tracking, possibility of changing the destination and address in transit, confirmation of receipt.
14
Written communication includes letters, postcards, hand writings, or printed matters such as books, newspapers, periodicals, magazines, or commercial documents
such as bills and invoices, etc.

WT/ACC/VNM/48/Add.2
Page 19

* Express delivery services13, i.e.
services consisting of collection, sorting,
transport and delivery, whether for
domestic or foreign destination, of:
(a) Written communication14, on any
kind of physical medium, including:
- Hybrid mail service;
- Direct mail.
Except for the handling of items of
written communication the price of
which is less than:
- 10 times the tariff for the
handling of a standard domestic
letter in the first weight level for
domestic shipments;
- US$9 for international
shipments;
provided that the gross weight of
these items is less than 2,000 grams.

(2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Limitations on Market Access
Limitations on National Treatment
(1) None.
(1) None.
(2) None.
(2) None.
(3) None, except:
(3) None, except as indicated in the
Upon accession, joint ventures with
market access column.
foreign capital contribution not
exceeding 49% shall be permitted.
After 3 years from the date of
accession, this limitation shall be
51%. Two years thereon, 100%
foreign-invested enterprises shall be
permitted.
(4) Unbound, except as indicated in the (4) Unbound, except as indicated in the
horizontal section.
horizontal section.


Additional Commitments

Commitments hereunder are made in accordance with "Notes for Scheduling Basic Telecom Services Commitments" (S/GBT/W/2/REV.1) and "Market Access Limitations on
Spectrum Availability" (S/GBT/W/3). For the purpose of these commitments, a "non-facilities based service supplier" means a service supplier which does not own
transmission capacity but contracts for such capacity including submarine cable capacity, including on a long-term basis, from a facilities-based supplier. A non facilities-based
supplier is not otherwise excluded from owning telecommunications equipment within their premises and permitted public service provision points (POP).
Basic telecommunication services
(1) None, except:
(1) None.
Viet Nam undertakes the obligations in
(a) Voice telephone services
the Reference Paper attached hereto.
(CPC 7521)
Wire-based and mobile terrestrial
services: Service must be offered
For consortium submarine cable links
(b) Packet-switched data transmission
through commercial arrangements
where Viet Nam is member, foreign
services
with an entity established in Viet
service suppliers shall be permitted to
(CPC 7523**)
Nam and licensed to provide
control fully-owned submarine cable
international telecommunication
transmission capacity (e.g. IRU or
(c) Circuit-switched data transmission
services.
consortium ownership) terminating at a
services
licensed cable landing station in
(CPC 7523**)
Satellite-based services: Subject to
Viet Nam, and to provide such capacity
commercial arrangements with
to international facilities-based service
(d) Telex services
Vietnamese international satellite
suppliers licensed in Viet Nam. 4 years
(CPC 7523**)
service suppliers duly licensed in
after accession foreign service suppliers
Viet Nam, except satellite-based
shall be permitted to provide such
(e) Telegraph services
services offered to:
capacity to international VPN and IXP
(CPC 7523**)
service suppliers licensed in Viet Nam.
(f)

Facsimile services
(CPC 7521** + 7529**)

(g) Private leased circuit services
(CPC 7522** + 7523**)

16

The cross-border supply of service can be performed in association with a local service provider for the collection or delivery.

15

Books, catalogues are included hereunder.

WT/ACC/VNM/48/Add.2
Page 20

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(b) Parcels15 and other goods.
* Handling of non-addressed items.
C. Telecommunication Services


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
(o*) Other services
- Upon accession: off-shore/on
sea based business customers,
Videoconference services
government institutions,
(CPC 75292)
facilities-based service
Video Transmission services,
suppliers, radio and television
excluding broadcasting17
broadcasters, official
Radio based services includes:
international organization'
+ Mobile telephone
representative offices,
(terrestrial and satellite)
diplomatic representatives and
+ Mobile data
consulates, high tech and
(terrestrial and satellite)
software development parks
+ Paging
who are licensed to use satellite+ PCS
earth stations;
+ Trunking
- Three years after accession:
Internet Exchange Service (IXP)18
multinational companies19,
which are licensed to use
satellite-earth stations.
(2) None.
(3) None, except:

Additional Commitments

(2) None.
(3) None.

17

Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not
cover contribution links between operators.
18
Services providing internet access service (IAS) suppliers with connection between them and to the international Internet backbone.
19
A multinational is a corporation which: a) has a commercial presence in Viet Nam; b) operates in at least one other WTO member; c) has been in operation for at least
5 years; d) is publicly listed on the stock exchange of a WTO Member; and e) is licensed to use satellite services in at least one WTO Member.

WT/ACC/VNM/48/Add.2
Page 21

Non facilities-based services: Upon
accession joint ventures with
telecommunications service
suppliers duly licensed in Viet Nam
will be allowed. Foreign capital
contribution shall not exceed 51%
of legal capital of the joint ventures.
Three years after accession: joint
venture will be allowed without
limitation on choice of partner.
Foreign capital contribution shall
not exceed 65% of legal capital of
the joint ventures.


51% gives management control of
the joint venture.
In the telecommunications sector,
foreign investors in BCC will have
the possibility to renew current
arrangements or to convert them
into another form of establishment
with conditions no less favourable
than those they currently enjoy.
(4) Unbound, except as indicated in the
horizontal section.

(4) Unbound, except as indicated in the
horizontal section.

Additional Commitments

WT/ACC/VNM/48/Add.2
Page 22

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
Facilities-based services: Upon
accession, joint venture with
telecommunications service
suppliers duly licensed in Viet Nam
will be allowed. Foreign capital
contribution shall not exceed 49%
of legal capital of the joint ventures.


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
Basic telecommunication services:
(1) None, except:
(1) None.
Wire-based and mobile terrestrial
(o*) Other services
services: Service must be offered
through commercial arrangements
Virtual Private Network (VPN)20
with an entity established in
Viet Nam and licensed to provide
international telecommunication
services.
Satellite-based services: Subject to
commercial arrangements with
Vietnamese international satellite
service suppliers duly licensed in
Viet Nam, except satellite-based
services offered to:
- Upon accession: off-shore/on
sea based business customers,
government institutions,
facilities-based service
suppliers, radio and television
broadcasters, official
international organization'
representative offices,
diplomatic representatives and
consulates, high tech and
software development parks
who are licensed to use satelliteearth stations;

For consortium submarine cable links
where Viet Nam is member, foreign
service suppliers shall be permitted to
control fully-owned submarine cable
transmission capacity (e.g. IRU or
consortium ownership) terminating at a
licensed cable landing station in
Viet Nam, and to provide such capacity
to international facilities-based service
suppliers licensed in Viet Nam. 4 years
after accession foreign service suppliers
shall be permitted to provide such
capacity to international VPN and IXP
service suppliers licensed in Viet Nam.

Services, provided on commercial terms, establishing and managing a private network over public (shared) networks for the purpose of carrying out, on a non-profit
basis, voice and data telecommunications between members of a closed user group defined prior to the creation of the VPN. Such group may include a corporate group or
organization, or a group of legal entities with an established relationship affiliated through the pursuit of a common interest. Initial members of a closed user group using VPN
service must be listed in a dialling or routing plan approved by the Competent Authority and subject to its oversight. VPN service suppliers shall notify to the Competent
Authority changes of membership at least two working weeks prior to actually commencing commercial service and can commence commercial service provided that no
objection from the Competent Authority is issued during these two weeks. Members are not allowed to resell VPN services to unaffiliated third parties. Virtual private networks
are not allowed to carry/transfer traffic of/between unaffiliated third parties. VPN services can be offered by licensed foreign-invested service suppliers bundled with Internet
access service and value-added services from (h) to (n).

WT/ACC/VNM/48/Add.2
Page 23

20

Additional Commitments
Viet Nam undertakes the obligations in
the Reference Paper attached hereto.


Facilities-based services: Upon
accession, joint venture with
telecommunications service
suppliers duly licensed in Viet Nam
will be allowed. Foreign capital
contribution shall not exceed 49%
of legal capital of the joint ventures.
(4) Unbound, except as indicated in the
horizontal section.

(4) Unbound, except as indicated in the
horizontal section.

Additional Commitments

WT/ACC/VNM/48/Add.2
Page 24

Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
- Three years after accession:
multinational companies19,
which are licensed to use
satellite-earth stations.
(2) None.
(2) None.
(3) None, except:
(3) None.
Non facilities-based services: Upon
accession, joint ventures shall be
allowed without limitation on
choice of partner. Foreign capital
contribution shall not exceed 70%
of legal capital of the joint ventures.


Mode of delivery: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural person
Sectors and sub-sectors
Limitations on Market Access
Limitations on National Treatment
Value-added services
(1) None, except:
(1) None.
(h) Electronic mail
(CPC 7523 **)
(i)

Voice mail
(CPC 7523 **)

(j)

On-line information and database
retrieval
(CPC 7523**)

(k) Electronic data interchange (EDI)
(CPC 7523**)
(l)

Enhance/value-added facsimile
services, incl store and forward,
store and retrieve
(CPC 7523**)

(m) Code and protocol conversion
(n) On-line information and data
processing (incl. transaction
processing)
(CPC 843**)

Wire-based and mobile terrestrial
services: Service must be offered
through commercial arrangements
with an entity established in
Viet Nam and licensed to provide
international telecommunication
services.

WT/ACC/VNM/48/Add.2
Page 25

Satellite-based services: Subject to
commercial arrangements with
Vietnamese international satellite
service suppliers duly licensed in
Viet Nam, except satellite-based
services offered to:
- Upon accession: off-shore/on
sea based business customers,
government institutions,
facilities-based service
suppliers, radio and television
broadcasters, official
international organization'
representative offices,
diplomatic representatives and
consulates, high tech and
software development parks
who are licensed to use satelliteearth stations;
- Three years after accession:
multinational companies19,
which are licensed to use
satellite-earth stations.

Additional Commitments
Viet Nam undertakes the
obligations in the Reference Paper
attached hereto.


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